Final Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 14 SW 2023 Khurshed Vs Abdul and ors.
CNR No.MHMM18-000573-2023
ORDER BELOW EXH.1
1. The present application is filed for seeking direction to register the
offence as per Section 156(3) of Code of Criminal Procedure, and investigate it.
Perused record. Heard Ld. Advocate for the complainant.
2. After hearing Ld. Advocate for the complainant/applicant, it is noticed
that in respect of the main incidence dated 26.12.2022, the offence has already
been registered with concerned police station at C. R. No.2048/2022, and
investigation is already pending.
3. There can not be two First Information Reports about the same
incidence. Therefore, prayer can not be allowed. In this regard Section 210 of
Code of Criminal Procedure, provides the remedy wherein procedure is laid
down in cases where there is a complaint case and investigation is also pending
before police. Therefore, that remedy needs to be availed.
4. Ld. Advocate for the complainant/applicant submitted that the main
person is not arrayed as accused, so also certain offences are not included. The
said submissions can be considered. Therefore, in view of the legal position and
these submissions, following order -
ORDER
a. The whole record including all the documents shall be sent to P.S.O.,
Bandra Police Station, Mumbai, retaining certified copy of Exh.1 and main
order passed today.
b. The Investigating Officer of C. R. No. 2048/2022, is directed to take into
consideration the allegations made in the present complaint against all the
persons mentioned in it and in respect of all the offences mentioned in it.
c. Application is disposed off.
MUMBAI (KOMALSING RAJPUT)
DATE – 13.07.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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